IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 5136 of 2008(J)
1. M/S.GEO SEA FOODS
... Petitioner
Vs
1. COMMERCIAL TAX OFFICER
... Respondent
2. DEPUTY COMMISSIONER (APPEALS)
For Petitioner :SRI.ARIKKAT VIJAYAN MENON
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :13/02/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) No. 5136 OF 2008 J
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Dated this the 13 th February, 2008
J U D G M E N T
Against Exts. P1 and P2 orders of assessment, petitioner filed
Exts. P3 and P4 appeals. It is stated by the petitioner that since Ext.
P3 appeal was filed belatedly, Ext. P5 petition for condonation of
delay also has been filed. In the meanwhile apprehending revenue
recovery proceedings this writ petition has been filed by the
petitioner.
2. In view of the pendency of the appeals as stated above
before the 2nd respondent, I dispose of this writ petition directing
that the 2nd respondent shall consider Ext. P5 application filed by
the petitioner for condonation of delay in filing Ext. P3 and
depending upon the decision taken, Ext. P3 itself shall be
considered. Similarly, Ext. P4 appeal shall also be considered by
the 2nd respondent on merits and orders passed thereon. Such
process shall be concluded by the 2nd respondent as expeditiously
as possible, at any rate within 8 weeks of production of a copy of
W.P.(C) No. 5136 OF 2008 -2-
this judgment.
3. In the meantime, I direct that on the petitioner remitting
50% of the amount due in terms of Exts. P1 and P2 recovery
proceedings for realisation of the balance amount shall not be
initiated. The amount shall be deposited within 4 weeks from
today.
ANTONY DOMINIC
JUDGE
jan/-